CRBA in Philippines (Child born out of wedlock to a US Citizen Mother) NO physical presence in the US

[jayne1318 1]

Since the child will be a USC upon entering the us, you can file the waiver version I-864W.

http://www.uscis.gov/i-864w

THANK YOU MARK. THAT WAS A REALLY GOOD INFORMATION.

im filling up the forms. I'm stuck with the Civil status. Should I put that I am married or single? when I gave birth, i am not married that is why the child was born out of wedlock. i got married last year March 2014 before i went in US.

[Mark88 183]

Are you still married NOW at this moment? Then yes.

[jayne1318 1]

yes i am married still. but i went here in the US all my papers are single.

[jxn 86]

What happened that Mark88 said the child will become a USC upon entry? It seems like the consensus is the lack of one year of continual U.S. presence makes OP ineligible to transmit citizenship to her child.

[Mark88 183]

What happened that Mark88 said the child will become a USC upon entry? It seems like the consensus is the lack of one year of continual U.S. presence makes OP ineligible to transmit citizenship to her child.

It's 5 years physical presence BEFORE the child was born. And if the child enters on a green card and is in the physical and legal custody of the USC parent, the child receives derivative citizenship through the CCA. There is no one year requirement.

http://www.uscis.gov/us-citizenship/citizenship-through-parents

[jxn 86]

It's 5 years physical presence BEFORE the child was born. And if the child enters on a green card and is in the physical and legal custody of the USC parent, the child receives derivative citizenship through the CCA. There is no one year requirement.

http://www.uscis.gov/us-citizenship/citizenship-through-parents

But OP doesn't meet the requirements, it seems. So her child would need a green card, as far as I can tell.

OP mentioned the one-year period and I see a reference to it in the page you linked under the section for a child born abroad out of wedlock to a USC mother. I admit I'm no expert so I'm hoping to learn more.

[jayne1318 1]

NOW IM CONFUSED. HAHA. HERE'S WHAT THE LINK SAYS.

In general, a Child Born Outside the U.S. is a Citizen at Birth when the Child’s Parents Are Not Married to each other at the Time of Birth...IF

AND...

The genetic or non-genetic gestational legal mother is a U.S. citizen at the time of birth, and the birth date is after December 23, 1952 The mother had previously been physically present in the United States or one of its outlying possessions for a continuous period of at least one year.

THEN AT THE BOTTOM OF THE PAGE IT SAYS:

Automatic U.S. Citizenship After Birth - But Before the Age of 18

A Child Born Outside the U.S. is a Citizen after Birth IF… AND... The child was under 18 or not yet born on February 27, 2001 At least one parent is a U.S. citizen, the child is currently under 18 and residing in the U.S. in the legal and physical custody of the U.S. citizen parent pursuant to lawful admission for permanent residence.

NOW IM CONFUSED.

[Mark88 183]

Have you been physically present in the United States or one of its outlying possessions for a continuous period of at least one year?

[jayne1318 1]

Have you been physically present in the United States or one of its outlying possessions for a continuous period of at least one year?

No i don't have that. When i was born in the US, i was sent in the Philippines when i was 3 months old. then i never got the chance to go back since i was dependent to my parents and have no relatives in the US.

[Transborderwife 4,666]

No i don't have that. When i was born in the US, i was sent in the Philippines when i was 3 months old. then i never got the chance to go back since i was dependent to my parents and have no relatives in the US.

Sounds like you may be out of luck

[Mark88 183]

So why are you confused? You and your child don't qualify for CRBA. Get a green card.

[NancyNguyen 1,657]

[belinda63 3,033]

You apply for a green card for the child. You use the I-864W. As soon as the child arrives in the US on the immigrant visa it becomes a US citizen, not before.

The advice to apply for, and be denied for, CRBA is to prevent a delay at the interview. Sometimes they will not issue a visa to a person who MIGHT have a claim to US citizenship. By having the CRBA already denied at the time of the interview it will save a delay.

[jeY_ 12]

i agree with apple 21. you have to apply for the CRBA still sis even though you are not eligible. cuz that way you are reporting birth abroad. becaause when you file i-130 they will ask you if you have filed CRBA first. becasue if not you have to report your birth abroad first. before you can file for the i-130. thats what happened to me. thats why i ended up with the DCF and it was much faster and hassle free, and now i am just waiting for her blue passport to arrive

[jeY_ 12]

i was born in the Philippines. but have been an immigrant here in the US on Sept 1 2004. but not a year after i arrived here, i went back to the Philippines to have a vacation. By september 1 2005 i flew back in the US again. after i graduated middle school, july 2006, i went home again to the Philippines. but before that my mom have acquired me to have a re entry permit, that allowed me to stay outside the US for 2 years straight because i was still a green card holder then. by 2008, months after my re entry permit expired, i was able to be back here in the US but only for a few months and went back to the Philppines again. and since then i was there in and out for 6 months, then went back here again in the US for couple of days or weeks. by may 2010 my mom have applied and was approved for a US citizenship. and since i was still a minor by then, i was automatically became a us citizenship though i am outside the US. by feb 2011, i went back here again to have my oath taking by the 3rd of feb 2011. weeks after my US passport arrived, i flew back to the Philippines again. to finish my college. but by april 2011 i found out that i am pregnant. i was not able to give birth here in the US because my pregnancy was complicated enough. so by nov2011 i gave birth. by jan 2014, i applied for CRBA, but i got denied right there and then. because i do not have any proofs of showing that i have been in the US for 1 year straight. and the consul said that even though i would go back here in the states and would stay for more than a year or more, my daughter wont still be qualified for CRBA itself. because the CRBA only applies to those who have been present 1 year/ 5 years straight or more in the US before the child of the USC parent/s was born. by feb 2014, i applied again. i was given the chance to send the lacking documents which is the bureau of immigration records, showing all my in and out travel in the Philippines, they have given me 120 days to send it to them. by april 2014, i sent it to them. by may 2014, i got a rejection and denial letter again. stating that my daughter is not qualified because i am lacking physical presence in the US. but then i do not want to leave my daughter behind and go back in the US just to file a petition (i-130) so i have researched more about CRBA. then i found out that though the USC parents did not meet the physical presence in the staes, but the grand parents of the child have lived and stayed in the US for 5 years or more in the states before the child was born, then the child could still be qualified for CRBA. now in that case my child is qualified becasue my mom have stayed in the us for 5 years straight before i have given birth. to make sure of that, i have called the US embassy manila, and tada! they said they did not honor it. and they did not adibe with it. so i told my mom to call the USCIS here. so she did. and guess what, the USCIS said that yes it is true that though the USC parents did not meet the physical presence in the staes, but the grand parents of the child have lived and stayed in the US for 5 years or more in the states before the child was born, then the child could still be qualified for CRBA. but then i could not argue with the US embassy manila and could not waste any more of my time. so i looked for other options. so i found this DCF (direct consular filling). since i have been staying in the philippines for more than 6 months nd legally, i went for that option instead. i filed nov25 2014, approved nov28, 2014. by dec3, 2014 i got the MCN. and by dec22 was set for her interview. during the interview all the consul asked was the form i-864W because she will autimatically become a us citizen once she arrive here, so she will be exempted by the affidavit of support. the consul asked if why i have not given birth to the US and why i was not qualifeid for the CRBA. so i explained it to him. then he said that it was a good move that i have tried CRBA though my child was not eligible, because its still necessary before applying for the i-130. by jan 9, 2-15, her visa arrived. by march 19, we arrived here together with my daughter. at last! and just may 7, 2015 her green card arrived. and last month i have applied for a us passpsort for her.